OpenLegislation

Section 13 Qualifying earningsI1C1

England, Wales and Scotland

(1)

A person's qualifying earnings in a pay reference period of 12 months are the part (if any) of the gross earnings payable to that person in that period that is—

(a)

more than F1£6,240, and

(b)

not more than F2£50,270.

(2)

In the case of a pay reference period of less or more than 12 months, subsection (1) applies as if the amounts in paragraphs (a) and (b) were proportionately less or more.

(3)

In this section, “earnings”, in relation to a person, means sums of any of the following descriptions that are payable to the person in connection with the person's employment—

(a)

salary, wages, commission, bonuses and overtime;

(b)

statutory sick pay under Part 11 of the Social Security Contributions and Benefits Act 1992 (c. 4);

(c)

statutory maternity pay under Part 12 of that Act;

(d)

F3statutory paternity pay under Part 12ZA of that Act;

(e)

statutory adoption pay under Part 12ZB of that Act;

(ea)

F4statutory shared parental pay under Part 12ZC of that Act;

(eb)

F5statutory parental bereavement pay under Part 12ZD of that Act;

(ec)

F6statutory neonatal care pay under Part 12ZE of that Act;

(f)

sums prescribed for the purposes of this section.

Annotations

Textual amendments

F1

Sum in s. 13(1)(a) substituted (6.4.2020) by The Automatic Enrolment (Earnings Trigger and Qualifying Earnings Band) Order 2020 (S.I. 2020/372), arts. 1(2), 2

F2

Sum in s. 13(1)(b) substituted (6.4.2021) by The Automatic Enrolment (Earnings Trigger and Qualifying Earnings Band) Order 2021 (S.I. 2021/314), arts. 1(2), 2

F3

Words in s. 13(3)(d) substituted (5.4.2015) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 7 para. 74(a); S.I. 2014/1640, art. 7(oo) (with art. 16)

F4

S. 13(3)(ea) inserted (1.12.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 7 para. 74(b); S.I. 2014/1640, art. 5(2)(dd)

F5

S. 13(3)(eb) inserted (18.1.2020) by Parental Bereavement (Leave and Pay) Act 2018 (c. 24), s. 2(2), Sch. para. 55; S.I. 2020/45, reg. 2

F6

S. 13(3)(ec) inserted (17.1.2025) by Neonatal Care (Leave and Pay) Act 2023 (c. 20), s. 3(3), Sch. para. 56; S.I. 2025/41, reg. 2

Modifications

C1

S. 13 modified (6.4.2019) by The Automatic Enrolment (Earnings Trigger and Qualifying Earnings Band) Order 2019 (S.I. 2019/374), arts. 1(2), 3

C2

S. 13(2) modifed (15.6.2012) by The Automatic Enrolment (Earnings Trigger and Qualifying Earnings Band) Order 2012 (S.I. 2012/1506), art. 3

C3

S. 13(2) modified (6.4.2013) by The Automatic Enrolment (Earnings Trigger and Qualifying Earnings Band) Order 2013 (S.I. 2013/667), arts. 1(1), 3

C4

S. 13(2) modified (6.4.2014) by The Automatic Enrolment (Earnings Trigger and Qualifying Earnings Band) Order 2014 (S.I. 2014/623), art. 3

C5

S. 13(2) modified (6.4.2015) by The Automatic Enrolment (Earnings Trigger and Qualifying Earnings Band) Order 2015 (S.I. 2015/468), arts. 1(1), 3

C6

S. 13(2) modified (6.4.2016) by The Automatic Enrolment (Earnings Trigger and Qualifying Earnings Band) Order 2016 (S.I. 2016/435), arts. 1(1), 3

C7

S. 13(2) modified (6.4.2017) by The Automatic Enrolment (Earnings Trigger and Qualifying Earnings Band) Order 2017 (S.I. 2017/394), arts. 1(1), 3

C8

S. 13(2) modified (6.4.2018) by The Automatic Enrolment (Earnings Trigger and Qualifying Earnings Band) Order 2018 (S.I. 2018/367), arts. 1(1), 3

C9

S. 13(2) modified (6.4.2020) by The Automatic Enrolment (Earnings Trigger and Qualifying Earnings Band) Order 2020 (S.I. 2020/372), arts. 1(2), 3

Commencement

I1

S. 13 wholly in force at 30.6.2012; s. 13 in force for certain purposes at Royal Assent see s. 149(2)(k); s. 13 in force so far as not already in force at 30.6.2012 by S.I. 2012/1682, art. 2(1)(2)(a), Sch. 1